Lawyers seem unable to master the art of cross-examination. I hold Wigmore responsible for this failure by boldly proclaiming that: "Cross examination is the greatest engine for ascertaining truth." Perhaps...

We are all aware of the dreaded "one question too many." It is the hubris of the trial lawyer going in for the kill and instead being killed.

Since my last post on McQueary, Joe Paterno gave a press interview to Sally Jenkins of The Washington Post. According to the reporter, Paterno said that McQueary sat at Paterno’s...

It is comparatively easy to cross-examine the cooperating witness. One who is involved with the conspiracy. Who committed crimes. One with a substantial history of crimes, deception and dishonesty. Who...

As some of you know, I like to have concrete examples to use in illustrating and discussing the arts of trial advocacy. I don’t think anyone can learn them from...

It is the self-inflicted wounds that hurt the most. All trial lawyers are at times confronted by evidence they can not discredit and have to live with the resulting damage....

Dr. Murray's attorneys made a bold move in their opening argument by promising the jury they would prove that Michael Jackson self-administered lethal doses of Propofol and Lorazepam. The linchpin...

One reason, among many, why I love our adversary system of justice is that it gives us one public place where we can rationally and politely debate very serious matters....

Imagine your worst nightmare. An ex-lover testifying in open court, with all the salacious details spread around the world, that you transformed yourself into a genetically engineered replicant who was...

I have a confession to make: some of my best ideas have come from clients. This shouldn’t be a shock since who knows the case better than the client? Yet...